they have been released we'll monitor event throughout the night and will have the latest tomorrow morning on fox and friends first with ainsley at 5:00 a.m eastern. thanks for joining us. we'll see y>> greta as the sun goes

down here in ferguson, really a lot of question marks on many sides. will the protesters come out tonight? has the shooting changed the dynamic. what will the police permit tonight especially in front of the police station where a few hours ago we saw concrete barricades put up. one word that police chief belmar has used every and over again this is simply unsustainable. the standoff with the crowd sometimes throwing things and early in the hours in the morning shooting two police officers. he said this is simply unsustainable. will the protests be here

out in front of the politician or police station or forest avenue. we have seen strong emotions on all sides. i was speaking to a protester up the block here she told me we were afraid as well. we were afraid we were being shot at. that's not going to keep them from coming out again tonight. we could see a real standoff with emotions running high. if you look at the long time line of this case from the shooting of michael brown unarmed, 18 years old in august, that led to serious protests, bud peaceful ones. loud demonstrations three months later stores and buildings burned down and now direct assault on the symbol of authority. two police officers shot. we have seen really an escalation throughout this case. a question mark over where this is going to go tonight as the sun begins to set here in ferguson greta. >> steve, prior to last night, and since about last november when the jury said no indictment has it been relatively quiet? we haven't been following it very intensely in the media

has it been relatively quiet or has there been protests every night. >> there have been some protests but the numbers were likely what we saw in august or even in november. about 150 out last night. but the dynamic here has changed dramatically and suddenly depending on events. it's a real question mark what the shooting will do to the numbers tonight. and especially the police response. they are really tread ago fine line and now emotions running high. what are they going to allow out in front of the police station tonight, greta. >> steve, thank you. it was the ferguson grand jury's decision not to indict officer darren wilson in the michael brown shooting that sparked more riots in the streets last november. and there is more news about the august shooting just last week the justice department announcing that the state of missouri that it will not prosecute officer wilson. and joining us officer wilson's lawyer james tuohy, good evening, sir. >> hi greta. how are you? >> what's your reflection on what's been going on the

last 24 hours there? >> you know, this was supposed to be working towards healing. and i saw everything but that last night. had you officers out there who were trying to keep the peace and get a neighborhood put back together that's been torn apart by what happened in august. and after the report from the justice department came out, the detailed in-depth the investigation and how the shooting was justified and that hands up don't shoot was contrived and completely false you would think that people would kind of take ase and reflect on it and think, okay, now we need to move forward and we're doing that with the resignations of the chief of police with the city manager. and those various officers and court personnel. so you would think there would be some appreciation that there is a movement towards getting things back or getting things towards where they need to be. >> jim, you know, i want peace there and, you he know, and the law enforcement work really hard for us. but, when you read this department of justice

report, where it says things like that in this department one email that joked about an abortion by an african-american woman being a means of crime control, i mean, just wicked, horrible things that are being at least in this report that is quiet shocking, when you read it. >> well, they are wholly inappropriate and absurd and don't belong in a public work place or any work place for that matter. those are small-minded people who say small-minded things. >> with weapons. >> and the rest of us are way above that. >> with represents and with uniforms on. >> i'm sorry, greta? >> with weapons and with uniforms. the police chief, how long did the police chief know that this stuff was going on within his department? i know that he has now resigned but, you know, this all started last august, i don't know how far back it goes. but it's rather quite horrifying. >> well, it is horrifying. but you are talking about emails and whispering and jokes. i think every work place probably has it and i'm sure the bosses in most work places don't know what all

the minions are whispering about or sending email jokes back and forth. i don't know that you can hold him accountable for every individual's actions. but there has to be some accountability and i think he has taken the step by resigning. >> i think it's a good idea that he resign. not just sort of email traffic. there is a report in here about arresting someone in a parking lot, which was wholly unnecessary. and look, you know, look, i appreciate are everything law enforcement does, everything. but when -- >> right. >> if a lot of this stuff is going on and people are looking the other way, it is you know, it is deeply troubling and, you know, this is sort of the job of the leader. sort of the job of the police chief, to have his department clean and treating people fairly. >> well, and i agree with that, and the general counsel for the fop, that kind of behavior, certainly is not tolerated and is not contemplated by most of the members of law enforcement in certainly missouri and i would say in our country. we have a very fine group of

individuals that get up in the morning and put on their gear and go to the most heinous place that you could imagine and go willie. i put on a tie and take a briefcase. most people go out and try to protected us and do their best. every now and then you have bad apples and we try to weed them out. i think that's what's happening now. >> i have two things to add. like you, i come to a pretty safe job and other point is law enforcement risk their lives every single day for us and every single hour. i appreciate that. jim, thank you. >> thank you, greta. >> and ambushed cops today the st. louis county police chief saying the gunman directly targeted a line of police officers. >> this is really an ambush what it is. i mean you can't see it coming. you don't understand it's going to happen. you are basically defenseless. >> and the national fraternal order of police president chuck can't bury joins us. good evening, sir. i think the response the nation is going to have so this and the reaction is going to send a big message

to law enforcement whether we got their back or not. at least i think that. >> well absolutely greta. first, let me ask you i'm so happy to say that the say that the officers in ferguson survived injuries. i would like to send condolences to the three families that have lost police officers since march 4th in this country. i think it's time and as a national organization we've started the enough is enough campaign. police officers are being targeted all over the country, and enough is enough. we have called on 00 administration and congress to declare these style attacks as hate crimes. as i think everybody would agree these guys were shot just because they were police officers. >> look, there is absolutely no way that you can excuse anything that happened to those two innocent police officers last night. it's just absolutely horrible. but i also think that, you know as we look at this, we should examine, look, put the microscope a little bit on this police department.

if some of this stuff in the department of justice report is true as like i'm thinking like who knew about it? who didn't do anything about it? i mean, it lists terrible things that are done to innocent people. just like the two innocent police officers last night. there are a lot of innocent people getting hurt in this. two innocent police officers last night getting ambushed. there is a lot of this report about this police department it's like, you know i would like to talk to the chief of police that resigned. ask him what did he know? >> well, greta, any kind of pattern practice investigation that comes out with facts like, this there is a systemic lack of management and leadership. the rank and file officers in that department overall are great officers. they have done their jobs. everybody has to remember they were being led by a city that is in financial distress. they were productivity. the f.o.p. has been calling for years for the end of productivity. officers should not be forced to write tickets to pay their salary ares. and a lot of small cities in america unfortunately, it's

counted as a high part of the revenue. but it's absolutely wrong. we detest it we have opposed it for many years. and we hope that reports like this will let the american public know that they need to stand up and tell the elected leadership that they need to fund their police departments fully and not through tickets. >> and even another sort of very painful thing about this is that you isolate a few events, and, you know, suddenly, there is so many good police officers i don't want them tarnished by this too. anyway, mr. canter bury, thank you, sir. >> thank you, greta. >> our live coverage of the breaking news in ferguson continues. you have seen the chilling photos of a bloody police helmet at the shooting scene. so what other evidence is out there and where could it lead? "on the record" investigates next. plus, what does president obama do after today's police ambush? you have to hear this? i'm going to tell you what i think about it off-the-record coming up. if you haven't heard about the latest sale at hotels.com, then you haven't seen this commercial.

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visit comcast.com/wireless to learn more. chilling immantel from the scene. two helmets found on the ground. it happened during a protest and right now intense manhunt for the gunman or gunmen. "on the record" is investigating. joining us defense lawyer and former homicide detective ted williams and former prosecutor katie phang. ted, you have been out there investigating for us the last couple months. it's so outrange just vicious crime on these police officers that, i'm enraged tonight that this has happened to them. >> yeah greta. i'm also enraged. this was senseless. i heard the attorney general for the united states call these individuals punks. they were not punks. they were just shear cowards who ambushed these officers.

and they were hell bent on one thing, greta. and that was to kill these officers. so i hope that soon that they are found. i think that there is going to be extensive investigation. i believe that they will be found. >> katie what's your thought. you have been prosecuting cases and step back and look at this bigger problem. what's your thought? >> called murder of a law enforcement officer. it's incredibly serious felony. the shooters or shooter is lucky that these officers were not killed. and what's absurd about the situation is it's become a self-defeating, self-fulfilling prophecy for these protesters in ferguson. you have the police chief resign without any really any fanfare after the report comes out. he does the right thing. and what do the protesters do they attempt to kill two law enforcement officers. it's the worst move they could make because it's going to cause a lot of consternation and going to create the need for the cops that are hunting for these shooters to have a lot of

control and reserve to not react when they actually encounter the people who did this. >> ted, you know what i want the law enforcement of this country to know that we have got their backs. that this will be hunted down. that we appreciate, you know, the many good men and women who are out there every day doing a great job for us. i imagine that tonight a lot of them are feeling pretty burned. >> well, they certainly are. look we realize that the justice department found discrimination in the police department in ferguson. that clearly. >> horrible horrible things. you go through that report. i have gone through the report. the most wicked awful obnoxious, terrible things. not every police officer in the department by any means. they just identify -- not everybody. >> and that's the key greta. there are some good police officers out there wanting to do their job. as a matter of fact the two law enforcement officers that were shot were not actually members of the ferguson police department. they were just trying to

serve and protect out there. and they were shot. this is terrible. this is senseless. and i hope they catch them right away. >> katie, if you are the prosecutor on this are you like being involved right now early on in the investigation during the manhunt or do you wait for the police to do their job? >> absolutely. if you are the prosecutor, what you're going to do is make sure that those warrants that are going to be issued. search warrants, arrest warrants that they are done the right way. this is a type of case that as a prosecutor you are going to make sure that everything is teed up properly so that when you actually bring it, maybe before a grand jury, that it comes back with the right result and these people get prosecuted for what they have done. >> ted and katie, thank you both. >> my pleasure. what did president obama do after news of the police ambush and what do i think about what the president did? you off-the-record i will tell you. plus, you will hear from our political panel. that's next.

let's all go off-the-record for a minute. ferguson has been tough. tough for the african-american community, for law enforcement and, yes, even the entire nation. it has ripped everybody apart exposing deep wounds. so news this morning the two ferguson police officers were ambushed was deeply disturbing. so what did president obama do when he learned of this new shooting? he tweeted. really? tweeted? that's the best he can do? here is his tweet? violence against police is unacceptable. our prayers are with the officers in missouri path to

justice is one we all must travel together. that's it, a tweet. i agree with the sentiment. i was hoping for more than a tweet. it was another shooting, this time police in the very town where racism is a simmering issue and where both african-americans and police are on edge and the best president obama can do is tweet? eric schultz spoke to reporters about this shooting but is he is not the president and while i'm not suggesting this should ago presidential address from the oval office. the nation needs more tweet before the president headed on air force one for the jimmy kimmel show for a presidential fundraiser. i can't figure it out. stop at the microphone outside the oval office. that's my off-the-record tonight. joining us our political panel daily beast jackie kucinich and chief political correspondent byron york. do you disagree with me. >> i agree. you are right. he should have said more. this administration really put a huge amount of importance on what happened

in ferguson both the justice department and president obama addressed it himself several times. i'm not saying that he has to do something of that level. >> i don't either. >> after the shooting. you are absolutely right. he could come out and with his own mouth make a statement about this. >> there is a risk though of further politicizing a situation that is very, very. >> is he too deep in it already, jackie. he jumped into it with both feet early on. >> he also mentioned the issue of police protecting the communities that they are. in in his selma speech. he has addressed this issue in the past. i'm not saying a tweet is sufficient right? tweeting is also this -- this method that our elected officials have used for like everything now. which i think is a little flippant. however you can't say that he hasn't addressed this issue in the past in other speeches. >> he addressed the issue of violence in police in the abstract. because did had not happened at that point. we did have some injured in the riots. but now you have an actual ambush of a police officer. seems like a little more

would be warranted. >> right. i don't disagree a little bit more warranted. i'm just saying it's not like he has ignored this issue in the past. >> do you know what the problem is? i suspect there are many law enforcement out there tonight because he spoke right after like two days after michael brown was shot. the night grand jury when the grand jury returned no bill for indictment he spoke for a long time to the nation. i worry that the law enforcement tonight are saying what about us? he could potentially talk about this. what about us? >> he could potentially talk about this. >> but the tweet is sort of the flip like see you later, i'm on my way to california. i have got to go to a fundraiser and i have got to go see jimmy kimmel. >> after the michael brown thing became -- it was all hands on deck in the administration as far as the justice department. the fbi, the investigative resources. the u.s. government focusing on ferguson. >> i think i actually would have been happier jackie with the president had if he had done nothing. you are right twitter is a little flip. we are all flip on twitter. and i think if he had said nothing so he could sort of collect his thoughts, and

wait for the right moment but it was just like, you know,. >> politicians should take note of this, honestly because it has become a method with people that's how they communicate with the american people. 140 characters sometimes just isn't enough. >> you are absolutely right. he did not comment on the michael brown thing the morning after it happened. >> he waited like two or three days. >> sort of the story became a little more focused. and then he commented on it. he could have done that in this case. >> remember what he did that led to the beer summit when he he said that the police officer in cambridge massachusetts before he heard the facts he said he acted stupidly. >> that was a flip remark that he did make on camera and then had to. >> that was a bad one. >> there is something to be said for taking a minute. again a tweet is -- >> -- a tweet. as we -- quickly tweet out everything we do on the show. but i'm not the president. anyway, thank you both. and straight ahead, isis caribbean and south america. why that could lead isis fighters right here to the united states. ambassador john bolton is

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test test. test test well, this is wad. a new warning about isis foreign fighters possibly making their way into the united states. the top u.s. general in south america says about 100 recruits have left their homes in the caribbean to join isis in syria. general john kelli says isis and are. if those fighters return to the caribbean they could use drug and criminal networks to cross the border into the united states. former u.n. ambassador john bolton joins us. good evening, sir. i don't know why this is so horrifying to me when we hear people in the united states are doing it i don't know when there is another avenue close to home it bothers me immensely. >> it's significant. i think the general was right to call it to our attention. let's not forget going back to late 2011 i think it was,

the clinton administration, the clinton's, i'm sorry. the obama administration filed a criminal charges against the iranian revolutionary guards corps for conspiring to assassinate the saudi arabian ambassador to the united states by infiltrating people through mexico using mexican drug and human trafficking connections. so, this threat on our borders from terrorists, from drug traffickers and the like is very serious. and i think the general is right to point out it's not just isis. it's iran as well which has very extensive network in the hemisphere. >> i suppose we won't take it particularly seriously beyond lots of chatter about it until something awful happens. >> i'm afraid that's right. i think that's the risk. and, to me, the risk is that the next time it happens, it happens with biological chemical or even worse, nuclear weapons. >> well, i was reading today in the miami herald that there is a young man, shane crawford aged 28, who was raised christian and his mother was watching one of the isis videos and lo and

behold there is her son over in syria as a member of isis. >> i think this attraction by this ideology is very hard to understand. and i think that it's one of the reasons why if we don't understand we are fighting an ideology, we are not going to understand its appeal. we will not be able to defend against it pointing out that it's not simply a problem in the middle east, that people from the caribbean go over there. get trained and come back. but, others who are not from latin america obviously can also come across our southern border, too. >> yeah, but you talk about coming across the southern border. some of these people in countries don't have to worry about. they can show up at jfk or miami international airport. friendly relationship with a lot of these nations. easy entry into our country. >> they have valid passports. >> correct. >> that's the thing that needs to be stressed again. perhaps as many as 3,000 is the estimate i have seen. european and american people with isis today with their own valid passports who can go back to europe and come into the united states, raise no red flags at all on any warning or watch list that we have got.

>> if you were president of the united states, how much would this problem keep you up at night? >> it would keep me up a lot. i think the president himself said that he thinks isis is a threat to the united states. that they need to be destroyed. is he not doing anything significant to accomplish what he says the objectives are. >> is it growing? i look at the marriage between boko haram which declared allegiance to isis. i see this when i look at the map and i think oh my god, it's unbelievable. >> i think at this point they are continuing to expand without effective check. we will see what happens in the conflict in iraq. it looks like tikrit has been taken. >> shoved over deeper into syria. >> but it's not. >> and northern africa. and that's true. and that's not a plus. it's also not a plus to help expand the power of the government in baghdad, which is a proxy for iran right now. >> never dull. >> more good news. >> more good news. yes. thank you, ambassador. and up next, senator lindsey graham. what does he think now about the letter he signed iranian leaders? does he stand by it or does he want a do-over? senator graham goes "on the record" next. and we are monitoring the breaking news, the hunt for

suspects in the ambush shooting of two police officers. a live report from ferguson is

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purchase any new verizon wireless smartphone or tablet from comcast. visit comcast.com/wireless to learn more. republican sneartsz are standing by. their letter to iran's leaders. 47 g.o.p. senators taking heat for running directly to iran during ongoing nuclear talks. >> my reaction to the letter was utter disbelief. >> he told the congress, basically to go to hell. i wanted him the iranians in the world to know you cannot deal us out. >> you you have no regrets about the methodology about going directly to the leader? >> no regrets at all. >> why do you have to become pen pals essentially with iranian leadership. >> we wanted to make crystal clear they heard that. >> and senator lindsey graham joins us. nice to see you, sir. >> thank you very much.

>> it's no secret i think this is a treaty. i don't think the president has any business going alone. he should get two thirds of the senate. consistent what he did with the new start treat were with russia. i colleague senator cotton and senator mccain over it. i don't think you should have written that letter and end run the president that you could have dealt with it without doing that you say what? >> the only time -- well i signed on the letter after the president threatened to veto legislation requiring to us vote on whether or not to lift the sanctions. this is a very big deal. when the president told the senate and the house i will veto any effort on your part to look at this deal and have a vote as to to whether or not we waive the sanctions we created. then that became imperial presidency. i wanted to let the iranians know no matter what president obama and john mccain may tell you under our law the president cannot negotiate away on his own congressional sanctions created by the congress unless we have a chance to vote on it. that is just taking our system and turning it upside down. >> i don't disagree with it i don't think the president

has the authority. but the problem is that you could have achieved it by putting a letter in a newspaper for instance, or making a statement from the floor. now you have got ayatollah khomeini saying signs of disintegrations in washington. mostly a propaganda play. you have brought them in sort of our dirty laundry sort of in a sense that, you know, it doesn't show sort of strength in numbers. now we look weaker than we might have looked. >> i don't really agree with that with all due respect. i think it was important for the ayatollah, who is a religious zealot with innocent blood on his hands. i have no respect for him or his regime. they are destabilizing the whole region. they have killed americans. they are trying to build a bomb not a nuclear power plant. they lie. so at the end of the day. i want the ayatollah to understand that our president doesn't have the ability on his own to waive congressional sanctions without our input and he is claiming he has that right. this is a constitutional crisis in making. no senate or house should ever let any president do away with congressional

sanctions created by the bodies without their approval. >> i agree he doesn't have the authority to do this. we are on the same page on that. suppose the president does this. suppose the president does go alone what are you going to do about it. >> let's say that they go to the united nations and get a security council resolution relieving all sanctions, what if the united nations in that resolution tried to relieve congressional sanctions? that would cut off all the money to the united nations. it this president or any other president tried to to unilaterally displace sanctions created by the congress, these sanctions passed 100 to nothing over his objection. they were created by the united states congress and he is telling the ayatollahs in the world that he can unilaterally set them aside. that is not right. if he did that, we he would have a constitutional crisis. all this hand wringing over the letter misses the greater point. if we had not responded, i think we would have made a huge mistake which set in motion misperceptions that could have led to a bad outcome. >> all right.

if the president does veto any sanctions, legislation. >> right. >> do you have the votes? >> yes. >> not all democrats -- >> -- yes, we do can override it? >> yes, we will. let me tell you why we have 66 now. we have got all republicans and we have got 12 democrats. i can't imagine a member of the united states senate saying that i don't want to look at a deal that relieves congressional sanctions. i don't want to vote on it myself. how do you explain that to your constituents? >> secretary kerry was running around to a bunch of countries lately telling about the deal. he goes to see the foreign ministry of all these countries and tell their wives or aides. everybody knows about the deal. i would sort of like to know about the deal. why do people who fundamentally hate us and fighting us, some of them not all of them. why do they get to know about it and i don't. >> can i repeat this for maybe the 500th time secretary kerry and president obama is trying to negotiate relief on congressional sanctions and deal deal congress out of the process. not only are they informing everybody of the deal but us. they are telling us that we can't have input as to

whether or not we want to relieve sanctions they have created. barack obama and his foreign policy team are very incompetent. i want to look at the deal. when the president said this letter emboldened the hardliners he has come to concludes there must be a moderate element running iran for anybody to conclude that moderates are in charge at any level in iran is completely delusional. >> senator nice to see you, sir. >> thank you. >> well and we are following breaking news ferguson on edge, bracing for more protests after two police officers brutally ambushed and shot. we're going to take you back live to ferguson next.

♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ great rates for great rides. geico motorcycle see how much you could save. and this, of course, is the fox news alert because the two police officers shot in ferguson missouri and at this hour a marv certain is on for these gunmen or

gunman and police are gearing up for what could be another night of protest. what is going on in the streets of ferguson right now. go back live to ferguson griff jenkins? >> greta, we are standing right where the officer stood last night when they were shot. senseless violence. tonight you can see nothing brewing with just one lone protester over there and then of course in front there is some barricades but there are no police officers. however, it could change very much so later tonight. we're going to be on the watch and there is a real danger here, which is what jeff, the executive director of the st. louis police officer's association told me a little earlier. >> there is others out here with violent indepositions. the reporting has been lopsided not your network. what has happened for seven months is ongoing attempts to kill and maim police officers. shots being fired at them.

every night two weeks in august. every night after the grand jury you are decision. molotov cocktails, riotous behavior it's a dangerous situation and we need to get a hand on it. >> greta, we are here across the street with shellie hall. she is the one lone protester out here. she lives a few blocks away. why are you out here. are you worried. >> i'm out here, no justice no peace. and it is going to get out of control tonight because there hasn't been any justice. there hasn't been any justice. >> so you believe that the response, what happened last night as we were talking earlier was because just the simple firing of the police chief, not enough for many of the folks out here. i ask you, did you have a sense of what happened last night might actually happen? >> yes i did. just firing the police chief isn't going to work. the mayor supported the chief after the department of justice showed the universe that he was doing

things that were inappropriate. people are mad. no justice, no peace. >> and i misspoke. the police chief resigning. i guess what would you like to see happen? what would you justice in your mind as you stand out here voicing your opinion after last night's violence? >> we are going to have to get rid of the employees with the ferguson police department. reform. >> well greta you heard the one lone voice out here. shellie says more folks are expected out here later. i'm hearing that from multiple sources. right now there is calm. we will hope we won't see what we saw last night breaking out in the streets here in ferguson. greta? griff, thank you. nothing but vicious and it's a crime and we do hope that they will get a swift justice whoever did. this thanks for being with us tonight. we will see you tomorrow night right here at 7:00 p.m. eastern. if you can't watch live, use your dvr. follow me on twitter at the

handle @greta. also go to gretawire.com. if you go to facebook right now see my off-the-record about the president's tweet. see you tomorrow welcome to "red eye." i'm joanne nosuchunsky. excuse me. welcome to "red eye." i'm joanne nosuchunsky. let's welcome our guests. she is more humorous than an upper arm bone. i am here with writer comedian and role model bonnie mcfarland. and he is left handed which is just gross. it is tv's andy levey. he is the host with the most. is he a guest that can jest? i like to welcome actor, writer and comedian and first time guest, kasey jones. i would say something sarcastic about him, but he can definitely kill me. next to me is another